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Contract Terms Enforcement

A&O Shearman

Hague Judgments Convention 2019 in force for the UK from July 1—key points for commercial parties

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The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Judgments Convention) is in force for the UK from July 1, 2025....more

Lowndes

Florida’s Choice Act Enhances Employer Enforcement of Noncompete Agreements

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The proposed Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act marks a substantial development in Florida’s treatment of noncompete agreements....more

Hahn Loeser & Parks LLP

Florida Legislature Increases Employer Protections Through Non-Compete Agreements

On April 24, 2025, the Florida legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth, or CHOICE, Act. The CHOICE Act goes into effect on July 1, 2025. The CHOICE...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Data Act: Three Months To Go Before New Rules on Data Access and Sharing Take Effect

Executive Summary - The EU Data Act, whose requirements apply from 12 September 2025, establishes new rights for businesses and consumers to access data they generated using “connected devices,” limiting the exclusive...more

A&O Shearman

Supreme Court Decision Endorses Fraudulent-Inducement Theory Under Federal Wire Fraud Statute, Resolving Circuit Split And...

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On May 22, 2025, in a significant decision that clarifies the scope of the federal wire fraud statute and resolves a circuit split, the U.S. Supreme Court upheld a pair of wire fraud convictions that had been premised on a...more

Proskauer Rose LLP

Private Credit Deep Dives – What to do following an Event of Default in a consensual setting (Europe)

Proskauer Rose LLP on

Over the past year, we have seen a significant increase in Events of Default (each, an “EoD”) arising from financial underperformance. This trend is largely driven by the high interest rate and inflationary environment, with...more

Holland & Knight LLP

State Lobbying Update: Hawaii Expands Lobbying Law to Cover Procurement Activities

Holland & Knight LLP on

A bill recently signed into law by Hawaii Gov. Josh Green significantly expands the scope of the state's lobbying law to cover procurement activities. When the law takes effect on Jan. 1, 2027, its expanded scope will have...more

Hendershot Cowart P.C.

Are Non-Compete Agreements Banned in Texas?

Last year in April, the Federal Trade Commission (FTC) published a rule to ban most non-compete agreements nationwide. Within hours the rule was challenged in courts across the country, and after months of federal litigation...more

A&O Shearman

Third parties without benefits

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Commercial contracts frequently exclude the ability of third parties to enforce contractual rights under the Contract (Rights of Third Parties) Act 1999. But, if the parties provide in general terms that a third party can...more

Mintz

Restrictive Covenants in Private Equity Transactions

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Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more

Proskauer - Law and the Workplace

Kansas Passes Pro-Employer Restrictive Covenant Legislation

On April 9, 2025, Kansas Governor Laura Kelley signed into law Senate Bill No. 241 (the “Bill”), which amends the Kansas Restraint of Trade Act (the “Act”) to (a) create presumptions of enforceability for non-solicitation...more

DLA Piper

Germany: Monitoring and Auditing Obligations of Controllers with Respect to Their Processors

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In a decision on immaterial damages under Article 82 of the EU General Data Protection Regulation (GDPR), the Higher Regional Court of Dresden, Germany (case number 4 U 940/24), set out important monitoring and auditing...more

BakerHostetler

[Podcast] A New World: Indemnification, Artificial Intelligence and Intellectual Property

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To describe the rise of artificial intelligence (AI) as rapid is a vast understatement. From its ubiquitous presence assisting us in our most mundane daily tasks to its warm embrace by business leaders eager to revolutionize...more

Foley & Lardner LLP

Federal Court Rejects FCA’s “65%-100%” Language as Insufficient to Constitute the Necessary Quantity Term in a Requirements...

Foley & Lardner LLP on

A recent federal court decision marks an important win for automotive suppliers in the ongoing debate over what constitutes a valid requirements contract under Michigan law following the Michigan Supreme Court’s decision in...more

ArentFox Schiff

How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

ArentFox Schiff on

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

A&O Shearman

Disputes 101 – What can’t you agree to do in your contract?

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Beware of a penalty shoot-out - The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more

Tyson & Mendes LLP

Barking Up the Wrong Policy

Tyson & Mendes LLP on

This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

King & Spalding

EU DORA: Are you in scope, and if so, how can you prepare?

King & Spalding on

The Digital Operational Resilience Act (DORA) establishes a harmonised and comprehensive framework for information and communication technology (ICT) risk management in the financial sector. It is a directly applicable EU...more

Harris Beach Murtha PLLC

Uber’s Process for Obtaining Consent to Arbitration Upheld in NY Court

Harris Beach Murtha PLLC on

Addressing for the first time the validity of an arbitration agreement entered via an e-commerce application, the New York Court of Appeals recently held in Wu v Uber Technologies, Inc. that the email notification and...more

Freiberger Haber LLP

New York Court of Appeals Examines the Enforceability of a Contract’s Two-Year Suit Limitation Period

Freiberger Haber LLP on

In Farage v. Associated Ins. Mgt. Corp., 2024 N.Y. Slip Op. 05875 (Nov. 26, 2024) (here), the New York Court of Appeals examined the enforceability of an insurance contract’s two-year suit limitation period. In a 4-3...more

BakerHostetler

California’s New Freelancer Law Sets Rules for Retaining Solo Independent Contractors

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A new California law requires written contracts when engaging most solo independent contractors. The written contracts must contain certain types of information....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Governor Signs Freelance Worker Protection Act

On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and...more

Ward and Smith, P.A.

Amending Your Planned Community's Declaration

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The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?" Of course, this question includes many layers: What is the proper procedure?;...more

Bracewell LLP

Forced Enforcement? The Fine Line in the CFTC’s Approach to Market Manipulation

Bracewell LLP on

On 27 August 2024, a Swiss commodity trader entered into a settlement agreement for $48 million with the US Commodity Futures Trading Commission (“CFTC”) in relation to alleged market manipulation charges. This case, rooted...more

Freiberger Haber LLP

Courts Will Not Assist An Effort To Enforce An Illegal Contract

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By Jonathan H. Freiberger  The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in...more

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